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21 Aug 2022, 8:25 am by admin
Schauer’s treatment of statistical significance both distinctly unbalanced, as well as misstated. [read post]
6 Jul 2009, 8:30 am
  It held that "under North Carolina law, the court may use its 'blue pencil' to excise subsection (iii) from the definition of territory, particularly where this provision is separated by the term 'or,' indicating that the three parts are distinctly separable. [read post]
23 Feb 2012, 9:43 am by Jonathan Bailey
There’s never truly been a service like Pinterest and the relevant court cases don’t provide a great deal of direct guidance.According to one analysis, Pinterest is distinctly different from seemingly relevant cases involving Perfect 10 and Google, which found that the displaying of thumbnails for search purposes is legal, and that those cases don’t directly apply. [read post]
10 Apr 2017, 3:05 am by Kim Kirschenbaum
I distinctly recall sitting in Professor Coglianese’s office around this same time last year, charting out a vision for the coming year. [read post]
3 Apr 2018, 9:01 pm by Michael C. Dorf
He understood that playing the game by the rules sometimes meant that he could not do justice.Unwilling to do the Supreme Court’s Dirty WorkThat is not to deny that Judge Reinhardt’s opinions, concurrences, and dissents staked out a distinctly liberal position. [read post]
16 Jul 2012, 1:37 pm by Thomas Heintzman
  Fraud must be distinctly pleaded and proven to a heightened burden of proof. [read post]
3 Jan 2020, 4:05 pm by INFORRM
 News agendas were dominated by Brexit, the economy and taxation (all preferred issues for the Conservatives), with those that put Labour on the front foot such as health care and the environment distinctly lagging behind. [read post]
21 Feb 2008, 6:38 am
     Introduction The New York Times recently asked, "In today's perpetual workplace, where downtime has merged with work time, where you can carry your office in your pocket, where collars are no longer distinctly blue or white, how does one measure overtime? [read post]
10 Nov 2022, 7:49 am by Eugene Volokh
" At base, the analysis requires "reasoning by analogy," which means the court must determine "whether a historical regulation is a proper analogue for a distinctly modern firearm regulation" by assessing "whether the two regulations are 'relevantly similar.' " In this assessment, two metrics are useful: "how and why the regulations burden a law-abiding citizen's right to armed self-defense. [read post]
21 Jan 2009, 7:21 pm
Comiskey filed an amendment after final rejection on August 29, 2001, "to more distinctly claim and particularly point out" the aspects of his invention that he believed were novel, namely pre-enrolling the person in a mandatory arbitration system, including language in the document requiring submission of disputes to this pre-chosen system, and enabling a person to submit a dispute pertaining to the document to this pre-chosen system for binding arbitration. [read post]
21 Mar 2017, 9:01 pm by Marci A. Hamilton
 .)Still, the problem is redressed in silos, with individual arenas working distinctly from all others. [read post]
23 Jun 2020, 1:02 pm by Brian M. Wright
Conversely, many people in all walks of life may be exposed to individuals with transmissible diseases or infections, but in the case of the medical professional, their job distinctly places them in the path of infection as compared to the general public or all employments generally. [read post]
3 Jun 2009, 8:55 pm
Such a rule would expand the protection of the patent beyond the subject matter that the inventor has "particularly point[ed] out and distinctly claim[ed]" as his invention, 35 U.S.C. [read post]
30 Jun 2021, 6:25 pm by Mark Latham
It found that, while Congress could delegate the federal power of eminent domain to a private party, waiving a state’s 11th Amendment sovereign immunity was a distinctly different matter. [read post]
9 Mar 2023, 6:30 am by Bob Ambrogi
His talk, centered around who “owned” the law, opened my eyes to the deeply disturbing ongoing attempt by legal publishers to copyright the law, and I distinctly remember having to stop myself from giving him a one-man slow clap standing ovation. [read post]
17 Jun 2009, 2:55 am
Schmidbauer points out that the personality of a car driver manifested in a large air-conditioned 4-wheel vehicle is completely different than the personality which surfaces when that same person rides a bicycle (we might add here that yet another, distinctly different personality surfaces when that same person mounts a motorcycle).Schmidbauer states that bicycle riders - even those who are otherwise motorists - frequently slip into a new identity when they get on to their bicycles. [read post]
6 Jan 2017, 12:11 pm by Michael Grossman
When someone is injured or killed by the negligent action or inaction of another, it is distinctly possible that the liable party owes compensation to the victim or his family. [read post]
21 Nov 2006, 11:25 am
In other words, professional services marketing is distinguished , not by persuading a prospective client to do something not dictated by external needs, but rather, to demonstrate that an attorney is distinctly qualified, to a point that might imply - but can never validly demonstrate - the potential for superior performance. [read post]
27 Apr 2015, 1:34 pm by Richard M. Re
” But when Clement then turned to the subjective standard and asked whether the use of the Taser “was really punitive,” he immediately cashed out that concept in what sounded like distinctly objective terms: “Was it unrelated to an interest in trying to get the handcuffs off? [read post]